Patna High Court
Chandan Saw @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Chandan Saw, sought anticipatory bail in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where the FIR alleged recovery of 1,400 intoxicant tablets and 154 intoxicant injections from his shop. The petitioner claimed innocence, stating the shop was closed on the date of the raid and he was not present. The prosecution highlighted the seriousness of the seized contraband and the petitioner’s prior criminal antecedent, including a pending case for which he is on bail. The learned counsel for the State opposed bail, emphasizing the petitioner’s inclusion in the FIR and his unclean record. The court, after considering the facts, declined to grant anticipatory bail, finding the circumstances did not warrant such relief.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act given the alleged seizure and his criminal antecedent?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 22(C), 25, 8
Subjects
- NDPS Act
- anticipatory bail
- drug seizure
- criminal antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4987 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- AMARPUR District- Banka
======================================================
Chandan Saw @ Chandan Kumar Son of Late Subodh Sah Resident of
Village and P.S. - Amarpur, Dist. - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar No.6, Adv.
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Amarpur P.S. Case No.423 of 2025 lodged on 09.06.2025,
for the offences punishable under Sections 8, 21(C), 22(C) & 25
of the N.D.P.S. Act pending before the Sessions Judge-cum-
Special Judge, N.D.P.S., Banka.
3. As per the prosecution, FIR has been lodged against
two named accused persons including the petitioner with
allegation that there is recovery of 1400 intoxicate tablets and
154 pcs of intoxicate injection have been made from a shop,
which is subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.4987 of 2026(2) dt.04-02-2026
2/2
submits that the petitioner has been falsely implicated in the
present case. He further submits that on the alleged date of raid,
shop of the petitioner was closed and he was not present at the
place of occurrence.
5. Counsel submits that the criminal antecedent of the
petitioner is not clean and there is one criminal case pending
against him in which he is on bail.
6. Learned APP for the State opposes the prayer for
bail and submits that the petitioner is named in the F.I.R. and his
antecedent is not clean.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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